Ram Prakash Gupta Vs. Town Improvement Trust, Bhopal
EmailAppeal: Civil Appeal No. 1283 of 1981
Petitioner: Ram Prakash Gupta
Respondent: Town Improvement Trust, Bhopal
Apeal: Civil Appeal No. 1283 of 1981
Judges: G.L. OZA & K.N. SAIKIA, JJ.
Date of Judgment: Mar 03, 1989
Appearances:
Mr. A.K. Sanghi, Mr. S.K. Gambhir and Mr. S.K. Mehta, Advocates for the parties.
Head Note:
LAND ACQUISITION
Compensation – Determination of market value of land – Following the decision in JT 1989 (1) SC , compensation enhanced by 1/6th the amount awarded by the High Court.
Cases Reffered:
1. Suresh Kumar v. Town Improvement Trust, Bhopal, JT 1989 (1) SC 439.
JUDGEMENT:
K.N. SAIKIA, J. :
1. This appeal by special leave is from the judgment and order dated 7th October, 1980 of the Madhya Pradesh High Court against the award dated 25.11.1972 in Reference No. 1 of 1970. The Compensation Tribunal awarded compensation at rate of Rs. 950 per acre, which worked out at Rs. 12604/-, and 15% solatium for compulsory acquisition which amounted to Rs.1896.70. The total compensation, therefore, was Rs. 14541.20. The High Court fixed the market value of the entire land at Rs.9,000/- per acre. For the reasons given in our judgment in Civil Appeal No. 2931 (N) of 1981* we enhance the compensation by 1/6th to Rs. 10,500/- per acre. We maintain 15% for compulsory acquisition but raise interest to 9% on the enhanced compensation from today till payment. We leave it open for the appellant to move for higher interest and solatium if entitled by virtue of subsequent pronouncement of this Court, if any.
2. In the result, this appeal is allowed as above. We make no order as to costs.
1. This appeal by special leave is from the judgment and order dated 7th October, 1980 of the Madhya Pradesh High Court against the award dated 25.11.1972 in Reference No. 1 of 1970. The Compensation Tribunal awarded compensation at rate of Rs. 950 per acre, which worked out at Rs. 12604/-, and 15% solatium for compulsory acquisition which amounted to Rs.1896.70. The total compensation, therefore, was Rs. 14541.20. The High Court fixed the market value of the entire land at Rs.9,000/- per acre. For the reasons given in our judgment in Civil Appeal No. 2931 (N) of 1981* we enhance the compensation by 1/6th to Rs. 10,500/- per acre. We maintain 15% for compulsory acquisition but raise interest to 9% on the enhanced compensation from today till payment. We leave it open for the appellant to move for higher interest and solatium if entitled by virtue of subsequent pronouncement of this Court, if any.
2. In the result, this appeal is allowed as above. We make no order as to costs.
